WAYNESBORO —Waynesboro borough council listened to a plethora of concerns from roughly 40 Brimington Farms residents at Wednesday’s meeting stemming from needed improvements that were halted by bankruptcy filings.

Necessary improvements for the 557-unit planned residential development — such as road paving, water and sewer work and the installation of sidewalks and street lights — stopped due to bankruptcy filings with the developer DLM LLC and Gemcraft Homes.

Legal steps

The Borough of Waynesboro has started court proceedings as it attempts to collect more than $1 million in bonding from Lexon Surety Group.

A writ of summons indicating possible legal action was filed against DLM LLC and Lexon Surety Group in May. Since then, very little progress had been made, prompting council members to send a letter to Lexon’s CEO David Campbell last month indicating disappointment with the company’s director of construction.

“I received a phone call from Chris Parrish — director of construction — on Oct. 30 and he apologized for the lack of response and said he’d make Brimington Farms his top priority for a settlement agreement,” said Sam Wiser, borough solicitor, who noted that Parrish also had many excuses.

On Nov. 6, the borough received a draft settlement agreement written by Lexon’s insurer, noted Wiser. In the agreement — which still has to be fully negotiated — the insurance company could ensure all needed improvements would be completed by the middle of 2013.

Details of the agreement still need to be “hammered out” to protect the borough’s interests before it is signed, noted Wiser.

“It took a long time to get to this point and there is still a long way to go,” he said.

Concerns

The residents expressed their concerns and thanked the borough for its efforts to resolve the issues.

“We’re stuck in the middle of this issue,” said Melissa Russ of Waterdale Drive, who noted her biggest concern is the impending inclement weather and the roads not being properly plowed.

Last year, Russ said she had to call an ambulance twice for her daughter, and emergency personnel could not find her home due to unmarked roads and worries a similar situation could arise this winter.

“We’ve been disappointed how the community has turned out,” said Tammy Estrada of Hollengreen Drive. “I’ve almost been hit several times in the community,” while walking my dog.

“It’s only a matter of time before a child dies on that road (Hollengreen Drive),” said Garret Snyder, who also lives on Hollengreen Drive. “People drag race on that road.”

Page 2 of 2 - Snyder questioned if speed could be enforced on the now private roads.